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Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 1
Abstract
In the article features of intellectual property right on objects of the space researches conducted both Russian Federation and other countries studying space are defined; aspects of change of the legislation in connection with development of space activity are covered; shortcomings of modern approach to distribution and use of the right to the results of intellectual activity arising when carrying out the space researches conducted as when carrying out space interstate programs, and space programs which participant is only Russia are revealed. For elimination of the specified shortcomings it is offered to make changes to the section of the Civil code of the Russian Federation on intellectual property right in that measure in which this section concerns aspects of emergence of such right within space activity of the state. Also it is offered to create uniform interstate system of regulation of questions of distribution and application the intellectual property rights on objects acquired in the course of studying of space. The questions of motivation of employees of the enterprises which are engaged in development of space activity are raised and the corresponding changes in the legislation influencing strengthening of such motivation are offered. It is drawn the conclusion that intellectual property right in the field of space researches has to undergo changes concerning not only the Russian legislation, but also legislations of other countries mastering space. At present a set of contracts regulate joint activity of the countries in space. One of such contracts is the contract on use of the International Space Station (ISS). However, the rules relating to intellectual property right, described in this contract are insufficient for application when studying space behind Earth orbit. The agreement on the ISS comprises rather a reflection of traditional rules of law on results of intellectual activity of each participating country and does not create a legislative precedent for the relations in space in general. Also not less unimportant process is stimulation of technologies’ production for space activity on Earth. It is possible to achieve it by motivation of workers and involvement of highly qualified specialists by ensuring the guaranteed payment of award.
Authors and Affiliations
O. V. Sushkova, P. A. Grosse
Keywords
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